Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:21-17 is amended
to read as follows:

2C:21-17. Impersonation; Theft
of Identity; crime.

a. A person is guilty of an
offense if the person:

(1) Impersonates another or
assumes a false identity and does an act in such assumed character or false
identity for the purpose of obtaining a benefit for himself or another or to
injure or defraud another;

(2) Pretends to be a
representative of some person or organization and does an act in such pretended
capacity for the purpose of obtaining a benefit for himself or another or to
injure or defraud another;

(3) Impersonates another,
assumes a false identity or makes a false or misleading statement regarding the
identity of any person, in an oral or written application for services, for the
purpose of obtaining services;

(4) Obtains any personal
identifying information pertaining to another person and uses that information,
or assists another person in using the information, in order to assume the
identity of or represent himself as another person, without that person's
authorization and with the purpose to fraudulently obtain or attempt to obtain
a benefit or services, or avoid the payment of debt or other legal obligation
or avoid prosecution for a crime by using the name of the other person; or

(5) Impersonates another,
assumes a false identity or makes a false or misleading statement, in the
course of making an oral or written application for services, with the purpose
of avoiding payment for prior services. Purpose to avoid payment for prior
services may be presumed upon proof that the person has not made full payment
for prior services and has impersonated another, assumed a false identity or
made a false or misleading statement regarding the identity of any person in the
course of making oral or written application for services.

As used in this section:

"Benefit" means, but
is not limited to, any property, any pecuniary amount, any services, any
pecuniary amount sought to be avoided or any injury or harm perpetrated on another
where there is no pecuniary value.

“Senior citizen” means a
natural person 62 years of age or older.

“Veteran” means any citizen
and resident of this State honorably discharged or released under honorable
circumstances from the active military service of the United States.

b. (Deleted by amendment,
P.L.2005, c.224).

c. A person who violates
subsection a. of this section is guilty of a crime as follows:

(1) If the actor obtains a
benefit or deprives another of a benefit in an amount less than $500 and the
offense involves the identity of one victim, the actor shall be guilty of a
crime of the fourth degree except that a second or subsequent conviction for
such an offense constitutes a crime of the third degree , except that if the
victim is a senior citizen or a veteran, a first offense constitutes a crime of
the third degree and a second or subsequent offense constitutes a crime of the
second degree; or

(2) If the actor obtains a
benefit or deprives another of a benefit in an amount of at least $500 but less
than $75,000, or the offense involves the identity of at least two but less
than five victims, the actor shall be guilty of a crime of the third degree ,
except that if any of the victims is a senior citizen or a veteran, the offense
constitutes a crime of the second degree; or

(3) If the actor obtains a
benefit or deprives another of a benefit in the amount of $75,000 or more, or
the offense involves the identity of five or more victims, the actor shall be
guilty of a crime of the second degree , except that if any of the victims
is a senior citizen or a veteran, the offense constitutes a crime of the first
degree.

d. A violation of
N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of
P.L.1979, c.264 (C.2C:33-15), R.S.33:1-81 or section 6 of P.L.1968, c.313
(C.33:1-81.7) in a case where the person uses the personal identifying
information of another to illegally purchase an alcoholic beverage or for using
the personal identifying information of another to misrepresent his age for the
purpose of obtaining tobacco or other consumer product denied to persons under
18 years of age shall not constitute an offense under this section if the actor
received only that benefit or service and did not perpetrate or attempt to
perpetrate any additional injury or fraud on another.

e. The sentencing court shall
issue such orders as are necessary to correct any public record or government
document that contains false information as a result of a theft of identity.
The sentencing court may provide restitution to the victim in accordance with
the provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).

(cf: P.L.2005, c.224, s.2)

2. Section 6 of P.L.2003,
c.184 (C.2C:21-17.3) is amended to read as follows:

6. a. A person who knowingly
distributes, manufactures or possesses any item containing personal identifying
information pertaining to another person, without that person's authorization,
and with knowledge that the actor is facilitating a fraud or injury to be
perpetrated by anyone is guilty of a crime of the fourth degree , except in
cases where the item containing personal identifying information was obtained
through records owned or maintained by a continuing care retirement community,
nursing home, retirement community, or veterans’ facility, the offense shall
constitute a crime of the third degree.

b. (1) If the person
distributes, manufactures or possesses 20 or more items containing personal
identifying information pertaining to another person, or five or more items
containing personal information pertaining to five or more separate persons,
without authorization, and with knowledge that the actor is facilitating a
fraud or injury to be perpetrated by anyone the person is guilty of a crime of
the third degree , except in cases where the items containing personal
identifying information were obtained through records owned or maintained by a continuing
care retirement community, nursing home, retirement community, or veterans’
facility, the offense shall constitute a crime of the second degree.

(2) If the person distributes,
manufactures or possesses 50 or more items containing personal identifying
information pertaining to another person, or ten or more items containing
personal identifying information pertaining to five or more separate persons,
without authorization, and with knowledge that the actor is facilitating a
fraud or injury to be perpetrated by anyone the person is guilty of a crime of
the second degree , except in cases where the items containing personal
identifying information were obtained through records owned or maintained by a continuing
care retirement community, nursing home, retirement community, or veterans’
facility, the offense shall constitute a crime of the first degree.

c. Distribution, manufacture
or possession of 20 or more items containing personal identifying information
pertaining to another person or of items containing personal identifying
information pertaining to five or more separate persons without authorization
shall create an inference that the items were distributed, manufactured or
possessed with knowledge that the actor is facilitating a fraud or injury to be
perpetrated by anyone.

d. As used in this section:

“Continuing care retirement
community” means a residential facility primarily for retired persons where
lodging and nursing, medical or other health related services at the same or
another location are provided as continuing care to an individual pursuant to
an agreement effective for the life of the individual or for a period greater
than one year, including mutually terminable contracts, and in consideration of
the payment of an entrance fee with or without other periodic charges.

"Distribute" means,
but is not limited to, any sale, purchase, transfer, gift, delivery, or provision
to another, regardless of whether the distribution was for compensation.

"Item" means a
writing or document, whether issued by a governmental agency or made by any
business or person, recorded by any method that contains personal identifying
information. Item includes, but is not limited to, an access device, book,
check, paper, card, instrument, or information stored in electronic form by way
of e-mail or otherwise, on any computer, computer storage medium, computer
program, computer software, computer equipment, computer system or computer
network or any part thereof, or by other mechanical or electronic device such
as cellular telephone, pager or other electronic device capable of storing
information.

“Nursing home” means a
facility providing therein nursing care to sick, invalid, infirm, disabled or
convalescent persons in addition to lodging and board or health-related
service, or any combination of the foregoing and in addition thereto, providing
nursing care and health-related service, or either of them, to persons who are
not occupants of the facility.

“Retirement community”
means a retirement community which is registered with the Division of Housing
and Development in the Department of Community Affairs pursuant to "The
Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419
(C.45:22A-21 et seq.).

“Veterans’ facility” means
any home, institution, hospital, or part thereof, the admission to which is
under the jurisdiction of the Department of Military and Veterans' Affairs.

(cf: P.L.2003, c.184, s. 6)

3. This act shall take effect
on the first day of the fourth month following enactment.

STATEMENT

This bill would increase the
penalties for identity theft in cases when the victim is a senior citizen or
veteran.

Under the bill, the penalties
would be increased as follows:

·If the offense only involves one victim, and a senior citizen or
a veteran is deprived of an amount less than $500, a first offense would
constitute a crime of the third degree, rather than fourth degree, and a second
or subsequent offense would constitute a crime of the second degree, rather
than third degree;

·If there are two to five victims or the actor obtains a benefit of
$500 to $75,000, and any of the victims is a senior citizen or a veteran, the
offense would constitute a crime of the second degree, rather than the third
degree; and

·If there are more than five victims or the actor obtains a
benefit of $75,000 or more, any of the victims is a senior citizen or a
veteran, the offense would constitute a crime of the first degree, rather than
the second degree.

Similarly, for crimes of
trafficking in personal identifying information pertaining to another person,
this bill would increase penalties as follows:

·If the offense only involves one piece of information and that
information was obtained through records owned or maintained by a continuing
care retirement community, nursing home, retirement community, or veterans’
facility, the offense would constitute a crime of the third degree, rather than
the fourth degree;

·If the offense involves 20 or more pieces of information and that
information was obtained through records owned or maintained by a continuing
care retirement community, nursing home, retirement community, or veterans’
facility, the offense would constitute a crime of the second degree, rather
than third degree;

·If the offense only involves 50 or more pieces of information and
that information was obtained through records owned or maintained by a
continuing care retirement community, nursing home, retirement community, or
veterans’ facility, the offense would constitute a crime of the first degree,
rather than second degree.

A crime in the fourth degree
is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A
crime in the third degree is punishable by three to five years imprisonment, a
fine of up to $15,000, or both, and a crime in the second degree is punishable
by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime
in the first degree is punishable by 10 to 20 years imprisonment, a fine of up
to $200,000, or both.